WHAT CONSTITUTES COPYRIGHT INFRINGEMENT: ELEMENTS AND LEGAL STANDARDS?

INTRODUCTION:

In today’s competitive world ‘Innovation’ is the buzz word and is the main requirement for the survival of every business. Identifying, developing, and leveraging innovations provide a competitive edge to the business and it aids in its long-term success as well. The law of copyright protects different forms of expression which are original, including those contained in novels, movies, musical compositions, and computer software programs. Copyrights protect original works of authorship, such as literary works, music, dramatic works, pantomimes and choreographic works, sculptural, pictorial, and graphic works, sound recordings, artistic works, architectural works, and computer software. With copyright protection, the holder has the exclusive rights to modify, distribute, perform, create, display, and copy the work.

Section 14 of the Act defines copyright as the exclusive right to perform or authorize others to perform the following acts in respect of a work or any substantial part thereof, namely in the case of literary, dramatic or musical work (except computer programme):

(i) reproducing the work in any material form which includes storing of it in any medium by electronic means;

(ii) Issuing copies of the work to the public that are not already in circulation.

(iii) Performing the work publicly or communicating it to the public;

(iv) making any cinematograph film or sound recording in respect of the work; making any translation or adaptation of the work.

The main objective of the Act is to give protection to the owner of the copyright from the dishonest manufacturers, who try to confuse public and make them believe that the infringed products are the products of the owner. Further, it wants to discourage the dishonest manufacturers from enchasing the goodwill of the owner of the copyright, who has established itself in the market with its own efforts [Hawkins Cookers Ltd. v. Magicook Appliances Co., 00(2002) DLT698].

COPYRIGHT ACT, 1957 PROTECTION AND ENFORCEMENT:

Copyright in India is governed by Copyright Act, 1957. This Act has been amended several times to keep pace with the changing times. As per this Act, copyright grants author’s lifetime coverage plus 60 years after death under certain classes whereas in other classes it is 60 years in toto. Copyright and related rights on cultural goods, products and services, arise from individual or collective creativity. All original intellectual creations expressed in a reproducible form will be connected as” works eligible for copyright protections”. Copyright laws distinguish between different classes of works such as literary, artistic, dramatic, musical works; and sound recordings; and cinematograph films. The work is protected irrespective of the quality thereof and also when it may have very little in common with accepted forms of literature or art.

Section 13 of the Copyright Act provides that copyright shall subsist throughout India in certain classes of works which are enumerated in the section. Copyright subsists throughout India in the following classes of works:

– Original literary, dramatic, musical and artistic works;

– Cinematograph films; and

– Sound recordings.

In Macmillan and Company Limited v. K. and J. Cooper, AIR 1924 PC 75, it was held that the word ‘original’ does not mean that the work must be the expression of original or inventive thought. Copyright Acts are not concerned with the origin of ideas, but with the expression of thought; and in the case of ‘literary work, with the expression of thought in print or writing. The originality which is required relates to the expression of the thought; but the Act does not require that the expression must be in an original or novel form, However, the work must not be copied from any existing work and should originate from the author’s own creation.

NATURE OF COPYRIGHT PROTECTION:

Automatic: Copyright is an unregistered right which subsists automatically as soon as the work that is eligible for protection is created and recorded on some medium.

Originality: The work protected need not be new. However, It must be original, meaning it is not derived from another source but is the outcome of the creator’s own effort and creativity.

Exclusions: Copyright protects the expression of ideas but not the idea or concept underlying a piece of work. Therefore, procedures, methods of operation, and mathematical concepts are not eligible for copyright protection.

ELEMENTS OF COPYRIGHT:

The rudiments of brand primarily correspond of two crucial factors power of a valid brand and unauthorized copying of defended work.

The creator must prove that the work is unique and fixed in a tangible medium, usually with registration to prove ownership. Focusing on protected speech rather than concepts or facts, unauthorized copying necessitates evidence that the infringement had access to the work and that the copied content is remarkably similar to the original. While insignificant or reasonable uses might not be considered infringement, courts often take into account whether the copying was substantial enough to impact the work's value.

CONCLUSION

Copyright serves as a critical tool for protective the intellectual and innovative efforts of authors, artists, and innovators. With the aid of granting different rights over the replica, distribution, performance, and model of authentic works, it incentivizes creativity at the same time as making sure that creators can benefit from their hard work. The protection is automated, grounded in originality, and covers a huge variety of literary, artistic, musical, and audiovisual works, even though it excludes thoughts, techniques, and methods.